The Tennessee Supreme Court today held that when a trial judge misunderstands the role as “13th juror” in a civil case, appellate courts should send the case back to the trial judge to review the case instead of automatically requiring the parties to go through a new trial. If the trial court is unable to fulfill the role of 13th juror on remand, only then should it order a new trial. Under the “13th juror” rule, the trial judge independently reviews the evidence and decides whether he agrees with the verdict of the 12 jurors. If he disagrees, the parties must re-try the case. The court also used the case to find that a claim of unjust enrichment does not require a voluntary conferral of a benefit, reversing the Court of Appeals and upholding the trial court’s dismissal of unjust enrichment claims. In addition, the court declined Plaintiffs’ invitation to create a new tort for the misappropriation of a statutory right of redemption. 

July is Disability Pride Month, and the American Bar Association (ABA) is celebrating the "immense resilience, creativity and contributions of individuals with disabilities” and bringing awareness to its Commission on Disability Rights, which focuses on enhancing opportunities for lawyers with disabilities and advocating for disability-related public policy and laws. The group notes in a statement that this month marks 34 years since enactment of the Americans with Disabilities Act (ADA), which fundamentally redefined accessibility and inclusion. The ARC has more on the annual celebration and this year's theme, "We Want a Life Like Yours," which "reflects the disability community’s dreams for life experiences that they are too often denied."

Choosing a document management system is like buying a house or a car: it’s pricey, important and will hopefully last a while. Use this list to decide what’s important to you before you go shopping. Find this and more in the Document Management section of TBA’s Law Firm in a Box.

Join members of the TBA Attorney Well Being Committee for a live interactive roundtable for law students and young lawyers on how best to manage work-life balance as a legal professional. This 45-minute Zoom event on Sept. 25 at 12:30 p.m. CDT will feature seasoned lawyers discussing their day-to-day practice, and provide effective tools for personal well-being. The event is free and open to all currently enrolled law students and TBA members but registration is required. Questions and feedback are encouraged for this interactive roundtable. Submit questions in advance to jword@tnbar.org.

Chattanooga lawyer Maurice Richard “Bemo” Bowen Jr. died June 30 at the age of 84. After graduating from Vanderbilt Law School in 1964, Bowen joined the Chattanooga firm of Goins, Gammon, Baker & Robinson. In 1968, he served as a partner at Duncan, Bowen & Breazeale until 1972. From 1972-1974, he was partner in the firm of Grant, Clements & Bowen. He retired from Grant, Konvalinka & Harrison less than two years ago. The firm has more on his career. Services will be at St. Paul’s Episcopal Church, 305 W. 7th St., Chattanooga, TN 37402, on Friday at 11 a.m. EDT. Visitation will take place at 10 a.m. in the Ava Wright Room. Memorial donations may be made to the church or the charity of choice.

The Knoxville Bar Association (KBA) has released the results of a member poll regarding the candidates for three area judicial seats: Knox County law director, Knox County Criminal Court Division II judge and one Tennessee Supreme Court justice who is being considered for retention. The KBA’s nonpartisan Judicial Committee oversees the survey. Local attorneys — 300 in this case — anonymously rate candidates as either strongly recommended, recommended, not recommended, strongly not recommended or no knowledge. The Knox County General Election is Aug. 1, with early voting running from July 12-27. Read more in a release from the group.

Gov. Bill Lee has announced three new judicial appointments: Jennifer Nichols has been appointed to the 18th Judicial District Circuit Court, Jessica Parrish to the 22nd Judicial District Circuit Court and Jim Newsom to the 30th Judicial District Chancery Court. Newsom was named as a special judge to replace Shelby County Chancellor Jim Kyle who is on disability due to a nonfatal autoimmune disorder, the Daily Memphian reports.“I am proud to announce the appointment of these highly qualified individuals and value the significant experience they will bring to their respective roles,” Lee said. “I appreciate their leadership and am confident they will serve Tennesseans with integrity.” Read more about the new judges in a press release from the governor's office.

A group calling themselves "Patriot Front" marched through Downtown Nashville on Saturday with a "Reclaim America" banner, American flags, a Confederate flag and passing out flyers while chanting on their way to the front of the Capitol. Nashville Mayor Freddie O'Connell denounced the group on social media, saying Tennesseans should "refuse to allow this to be normalized." On Monday, the mayor's office confirmed that the group did not have a permit, Fox17 reports. Gov. Bill Lee responded that the far-right group's position on anti-Semitism should not be condoned, saying, "... that group with anti-Semitic ties should be condemned at every level." Read more from News Channel 5.

Oak Ridge lawyer Donald Bryson Roe died Dec. 19, 2023, at the age of 82. Roe earned his law degree in 1966 from the University of Tennessee College of Law. His first job was assistant city attorney in Oak Ridge. He later moved to Washington, D.C., to work for the House of Representatives Select Committee on Small Business from 1971-1973. He then returned to Oak Ridge and opened a law practice. In 1975, Roe earned a Master of Business Administration from the University of Tennessee and taught law workshops for graduate students. Roe was remembered at a celebration of life in January. He is buried at Oak Ridge Memorial Park. 

The American Civil Liberties Union (ACLU) has put state officials on notice that it intends to sue if they do not drop a "voter list maintenance program," which inquires about residents' citizenship status, the Tennessee Journal reports. The ACLU said that letters recently sent to 14,375 residents violated the National Voter Registration Act. Advocacy groups are demanding Secretary of State Tre Hargett and State Coordinator of Elections Mark Goins cease all actions that “perpetuate voter intimidation” and “violate the U.S. Constitution and federal law.” In June, a number of groups expressed concerns over the program.